Public Exhibition

Planning Proposal – Muswellbrook Local Environmental Plan 2009 Amendment No. 26

In accordance with Section 3.34(2)(c) and Schedule 1 Clause 4 of the Environmental Planning and Assessment Act 1979, Muswellbrook Shire Council hereby gives public notice of public exhibition of the Planning Proposal for administrative changes that would permit the erection of dwellings on certain rural lots that were subdivided with approval by the former Denman Shire Council but lost dwelling entitlement due to the change from the Muswellbrook Local Environmental Plan 1985 to the Muswellbrook Local Environmental Plan 2009 and remove unnecessary delays in the processing of development applications for minor boundary adjustments in rural areas.

Objectives or intended outcomes of the planning proposal

The Planning Proposal involves amending Muswellbrook Local Environmental Plan 2009 to:

i) insert a new clause 4.1C Exceptions to minimum subdivision lot size for boundary adjustments,
ii) amend clause 7.5 Erection of dwelling houses on land in certain rural and environmental protection zones to ensure dwellings are still permitted on lots created under previous planning instruments

Land affected by the Planning Proposal

This planning proposal affects Land zoned RU1 Primary Production, R5 Large Lot Residential, RU3 Forestry and C3 Environmental Management.

How to view the Proposal

The Planning Proposal and supporting documents are on public exhibition until 8 February 2026. The details are available above or during business hours at Council’s Administration Centre, Muswellbrook Library and Denman Library.

Information on making a submission

All interested parties are invited to inspect the exhibited documents and make written submissions.

There is no obligation for you to make a submission to Council.  However, should you have a view that you wish to bring to Council’s attention, this is your opportunity. If objecting to a planning proposal, you should clearly state your reasons, and if possible, make positive suggestions as to what, if any, solutions you feel would be appropriate.

Any person who makes a written submission objecting to or supporting a relevant planning application made to council is required to disclose the following reportable political donations and gifts (if any) made by the person making the submission or any associate of that person within the period commencing two years before the submission is made and ending when the application is determined:

• all reportable political donations made to any local councillor of that council, and
• all gifts made to any local councillor or employee of that council.

A reference to a reportable political donation made to a ‘local councillor’ includes a reference to a donation made at the time the person was a candidate for election to the council.

Further information on reportable political donations and gifts and disclosure forms are available on Council’s website at www.muswellbrook.nsw.gov.au or the Department of Planning website at www.planning.nsw.gov.au

If the matters raised are not related to this application or unsustainable in the light of the relevant legislation relating to assessment of the application or they can be addressed by conditional approval, no contact will be made with you by Council staff during the assessment phase.  Typical matters raised in submissions which are NOT taken into account with the assessment are: devaluation of property, dividing fence issues, previous nuisances, existing surface water problems (if not exacerbated by the proposed development) and presumed unauthorised future use or activity.

Council staff may contact you if matters are not clear or access to your property is necessary. Generally, the merits or otherwise of your submission are not debated. Otherwise, no further contact is made until after determination

After a decision is made, Council will notify those who have made written submissions.

PLEASE NOTE: Should you consider that disclosure of your information would result in detriment to you, the words “OBJECTION IN CONFIDENCE” must be clearly stated at the top of the submission.  Council may also be obliged to release the full details of the submission, including your name and address, under the provisions of the Freedom of Information Act 1989, even if these words are used on the submission.

Please contact Council on 6549 3700 if you require information about the Privacy and Personal Information Protection Act 1998.  A copy of Council’s Privacy Policy and Council’s policy for public submissions can be obtained on Council’s Website www.muswellbrook.nsw.gov.au or on application to Council.

Submissions are to be addressed to:

• The General Manager, PO Box 122, Muswellbrook NSW 2333
• or by email to: council@muswellbrook.nsw.gov.au

Who is the Local Plan Making Authority for this Proposal?

Council is the designated Local Plan Making Authority (LPMA) for this proposal.

For further information please contact Council’s Strategic Planner, Mrs T Alsleben on (02) 6549 3859.